Probate and Trust Litigation – The Law Offices of Byrd & Byrd

Will Contest/Caveat

If the validity of a person’s last will and testament is in question, there is the option to contest it, which is known as a Caveat Proceeding. The contester must file a Will Contest demonstrating explicitly that this is actually against the will of the deceased or that the Will has not been legally or properly enacted.

In these Caveat proceedings, the one who is defending the Will must ensure and attest that the one who created the Will did so with adequate mental capacity. At this point, the one contesting the Will must demonstrate that the Testator was not of adequate mental capacity; that there is a more recent Will; or that the writer of the Will was subject to duress or undue influence while creating the document.

If the Caveator is successful in overturning the Will, it then becomes void.

Claim Dispute/Allowance

Generally, creditors have a certain timeframe in which to file claims against a person’s estate. If the creditor does not file the claim timely, the creditor is not entitled to payment. Once a probate claim is made, the personal representative may opt to allow or disallow the claim. If the personal representative disallows the claim, then the creditor has a specified period of time in which to file suit or petition the Orphans’ Court for allowance of the claim. If the creditor fails to act timely, then the claim is forever barred. On the other hand, if the personal representative does nothing, the creditor can petition the Orphans’ Court for payment of the claim.

Please contact our knowledgeable attorneys to assist you in disputing or resolving a claim.